CONSIDERATIONS ON THE TRANSACTION AGREEMENT AS AN ALTERNATIVE DISPUTE RESOLUTION WITHIN THE PROFESSIONAL TRADERS ACTIVITY
CONSIDERATIONS ON THE TRANSACTION AGREEMENT AS AN ALTERNATIVE DISPUTE RESOLUTION WITHIN THE PROFESSIONAL TRADERS ACTIVITY
Author(s): Florin ConstantinescuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Editura Hamangiu S.R.L.
Keywords: mutual renunciations; preventing of litigation; transaction agreement; mediation; mutual waivers; transaction;
Summary/Abstract: Currently, the transaction agreement seems to have valences not sufficiently exploited by the professional traders, the significance of the transaction as a modality of settling dis¬putes before the Courts being widely known. Thus, many situations can arise in the econo¬mic activity that can generate blockages or present a real risk of litigation. Through negotiations conducted in good faith, signing a transaction agreement can be an effective alternative way to resolve inherent disputes and move forward. Of course, if the parties request the intervention of a mediator, this is possible, according to the law, but signing a transaction agreement can be a real alternative from the perspective of the celerity required by the commercial activity. This article aims to highlight the real benefits of the transaction agreement as an extrajudicial means of amicable settlement of disputes, so with an emphasis on the intention of the parties to prevent a litigation, with proposals de lege ferenda, a fact that can be useful to the business professionals and legal professionals.
Journal: Analele Universității Titu Maiorescu
- Issue Year: XXI/2022
- Issue No: XXI
- Page Range: 39-44
- Page Count: 6
- Language: English